Strike FNV at Schiphol during peak periods not allowed

Due to failed negotiations on a collective bargaining agreement, trade union FNV recently called a strike involving the ground staff of KLM. KLM and Schiphol subsequently claimed a ban on this strike in interlocutory proceedings, which claim was allowed on Friday (26 August 2016).

Standard for assessment

In the past, the lawfulness of a strike for the purpose of an effective exercise of the right to collective bargaining was assessed on the basis of the so-called rule of play test. This meant that a strike was unlawful when compelling procedural rules (the ‘rules of play’) were violated.

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